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Lawyers differ on Wako-US 'lawsuit'
Kenya's Attorney General Amos Wako. In revoking the AG’s visa last week, the US described Mr Wako as “a senior government official, who had been obstructive to reforms”. PHOTO/FILE
Posted Thursday, November 5 2009 at 22:30
Attorney-general Amos Wako’s threat to sue the United States government for defamation has elicited sharp reactions, with lawyers differing on whether he has a case.
While lawyer Kibe Mungai insisted that the AG had a “serious case”, which should be pursued to its conclusion, Law Society of Kenya vice-chairman James Aggrey Mwamu differs.
“He does not have a case... if I were him, I would lie low like an envelope,” Mr Mwamu told the Nation on Thursday.
“They have already revoked his visa. How then will he file his case in the US or even testify? The US must be having concrete evidence to back their allegations,” Mr Mwamu said.
He spoke as the US, for the second day running, refused to be drawn into the matter with ambassador Michael Ranneberger saying when contacted: “No comment.”
Mr Ranneberger also refused to say they would, in the long run, respond to allegations that they had refused to assist the government get to the bottom of mega-scandals like Anglo Leasing.
Mr Mungai told the Nation that the AG had performed his duties as required by law and asked why the US government had singled him out as an anti-reformer. “I have not seen any tribunal being formed to investigate him for under-performance,” the lawyer said.
In revoking the AG’s visa last week, the US described Mr Wako as “a senior government official, who had been obstructive to reforms”. But the AG, in defence fought off the claims.
He said: “In view of the reasons given, which are defamatory, it is my intention to seek legal advice with a view of instituting legal proceedings in the US.”
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Submitted by GatuchPosted November 07, 2009 09:22 AM
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Submitted by JonBforever
Playing the role of the devil advocate, Mr. Wako has every right to sue the United States; he has never been found guilty of any charges in any court of law. Ambassador Michael Ranneberger knows this and chooses to stay mum because the Obama administration appears to have sua sponte granted judgement on Wako that might have violated international norms that are under The Alien Tort Claims Act. The Alien Tort Statute clearly empowers federal judges in United States to hear lawsuits brought by foreign individuals who were personally harmed by violations of international law or US treaties.
Posted November 07, 2009 09:13 AM -
Submitted by dochwangi
WACKO Wako is at it again. As a trained attorney, Mr. Wako should know he has no leg to stand on pursuant to being banned from the US; his is simply face saving hot air. Mr. Wako properly advised Kenya to expel Dr. Jerome Corsi when he tried to use Kenya to bash President Obama; Dr. Corsi didn’t sue, he couldn’t. Similarly, no court in America would hear Mr. Wako because they have no jurisdiction (venue, personal or subject matter) on events outside the United States! The mediocrity in the man supposed to know the law! WACKO WAKO MUST GO!
Posted November 07, 2009 06:32 AM -
Submitted by Edkobu
This guys should just be late go at all costs. even if it means paying him a billion KShs. to live the AG spot, that how MUCH some of us need him out.
Posted November 07, 2009 06:00 AM -
Submitted by mohebra
The "Wako" Constitution draft as presented at the referendum was a superb, it gave a window of opportunity for recognision of gay marriages, it gave rights to religious courts of all denominations to be set up to arbitate on personal law issues when both parties professed the same faith, It gave equal rights to females on inheritance of property of their parents and land redistrubution. These were progressive issues opposeed by the paranoid tribalists.
Posted November 06, 2009 11:17 PM
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Go for it Mr. Wako. While I believe you could have done better for the 18 years you have been in office, I think it is time to prove to the US that Kenya and the US are two different countries. Kenya is not a state in the US and so cannot be dictated by the colonial minded American leaders. We do not want to be added to the list of countries suffering from America's interference and meddling in affairs of sovereign states. I back you on this one Mr. Wako!